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Ear to the Ground

An Omen in the Prop. 8 Battle?

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Posted on Jan 17, 2010
AP / J. Scott Applewhite

The U.S. Supreme Court ruled that anti-gay-marriage advocates, not gays themselves, would face undue public hostility if court proceedings were shown online.

Many fear that a recent decision by the U.S. Supreme Court may be an omen on how the court might rule if the legal battle over Proposition 8 arrives in Washington. The 5-4 decision ruled that Internet streaming of the Prop. 8 trial in San Francisco would cause a hostile public climate toward anti-gay marriage advocates. —JCL

Los Angeles Times:

The U.S. Supreme Court cast its first vote last week on the legal challenge to California’s voter initiative barring same-sex marriage, and some experts said it was a bad omen for those who hope gays and lesbians will win a constitutional right to such unions.

The 5-4 decision, with conservatives in the majority, intervened in the San Francisco district court trial on behalf of the defenders of Proposition 8.

The high court rebuked U.S. District Chief Judge Vaughn Walker for seeking to give the public a chance to view the proceedings on the Internet. In its opinion, the majority saw the dispute through the same lens as the opponents of gay marriage and decided that they—not homosexuals—faced a hostile public climate of harassment and intimidation.

The lawyers challenging the California measure hope to build a convincing case that gays and lesbians, like other minorities, suffer from prejudice and bigotry that requires a remedy from the courts.

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Morphing Dreams's avatar

By Morphing Dreams, January 24, 2010 at 11:14 am Link to this comment

There’s more than one way to skin a cat.John Ireland and John Ainsworth are co-producing a re-enactment of this trial, Perry v. Schwarzenegger (The Proposition 8 trial). They are “working from court transcripts and first-hand accounts from bloggers who are present at the trial.” They are currently in production and the re-enactment will soon be released for viewing on the website:
http://marriagetrial.com 
There is also a link from the site to the trial transcipts as they develop.

You can also link to the court transcipts directly at
http://www.equalrightsfoundation.org/our-work/hearing-transcripts

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DieDaily's avatar

By DieDaily, January 19, 2010 at 7:30 am Link to this comment

Gotta love that transparency. Are we feeling the hope
and change yet? And what give the government the right
to stand in the way of any private personal arrangement
between two people? I hope someone smuggles in a pen-
cam and Youtubes it.

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By Lawrence Gann, January 17, 2010 at 2:11 pm Link to this comment
(Unregistered commenter)

Indeed, if we allow people a view to the truth,
bigoted people may be treated unfairly, and their
ignorant ideals may fade away.  Heaven forbid.

In other news, the Supreme Court has upheld a ruling
banning public speech on the current economic crisis,
because it may lead to undue public hostility against
corporations that exploit the masses for their own
gain.

Even in the realm of logic, America has adopted the
stance of failing upwards.  As people who aren’t
successful are given charge of businesses and
businesses that fail are given massive quantities of
money, why shouldn’t people with uninformed,
prejudiced philosophies be protected from the threat
of factual information?

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